[Code 1966, § 16.02(4)(r)(1)]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A motor vehicle which, through disuse and failure to be used,
is maintained on private property outside of a structure and without
screening, is unregistered or does not have affixed current motor
vehicle license plates, and is not road ready: or a motor vehicle
which has been reported as stolen to any police department.
[Amended 3-18-2020 by Ord. No. 973]
Any motor vehicle which is partially dismantled or wrecked
and which cannot safely or legally be operated.
Any self-propelled land vehicle which can be used for towing
or transporting people or materials including, but not limited to,
automobiles, trucks, buses, motorized campers, motorcycles, motor
scooters, tractors, snowmobiles, etc.
Any parts of any motor vehicle.
Any real property not owned by the federal government, state,
county, school board or other political subdivisions.
The physical relocation of a motor vehicle to an authorized
location.
[Code 1966, § 16.02(4)(r)(2)]
(a)
No person owning or having custody of any abandoned or junked motor vehicle or motor vehicle accessories and/or unlicensed motor vehicle(s), machinery or trailer that requires licensing shall store or permit any such vehicle or accessories to remain in the open and unscreened on any private property within the Village. No person owning any private property in the Village, as determined from the tax assessment records of the Village, shall store or permit to remain any such vehicles or accessories on said property unless it is in connection with an automotive sales and repair business located in a properly zoned area. Such storage is hereby declared to be a public nuisance and may be abated or removed, and forfeitures may be imposed, as provided in this Code. No such person shall be deemed to have violated this subsection until the expiration of the 72 hours provided for in § 34-49(d). For purposes of this division, the term "unscreened" shall be defined to be a vehicle, accessory, machinery or trailer requiring licensing that is visible and not completely enclosed by a weatherproof all-season covering, in whole or in part, at any time of the year, from a public place or public right-of-way.
[Amended 3-18-2020 by Ord. No. 973]
(b)
No person, after notification to remove any abandoned or junked motor vehicle or motor vehicle accessories from any private property has been given pursuant to this section, shall move the same to any other private property upon which such storage is not permitted or onto any public highway or other public property. Whenever the Chief of Police, or any member of his department shall find or be notified that any such vehicle or accessories have been so removed, a seventy-four-hour notice shall be given in the manner provided in § 34-49(d) and the same removed as provided in § 34-50. In addition, forfeitures may be imposed as provided in § 1-12.
[Code 1966, § 16.02(4)(r)(3)]
This division shall not apply to any motor vehicle or motor
vehicle accessories stored within an enclosed building or on the premises
of a business enterprise operated in a lawful place and manner when
necessary to the operation of such business enterprise, in a storage
place or depository maintained in a lawful place and manner, or seasonal
use vehicles such as snowmobiles, motorcycles, motor scooters and
nonmotorized campers provided such vehicles are stored in rear yard
areas. Such business enterprises shall include auto dealers, auto
junkyards, auto repair and auto body shops, but shall not include
automobile service stations or tire, battery and accessory sales stores.
[Code 1966, § 16.02(4)(r)(4); Ord.
No. 823, § II, 9-15-2009]
(a)
Investigation. The police department on routine patrol or upon receipt
of a complaint may investigate a suspected abandoned or junked motor
vehicle or motor vehicle accessories and record the make, model, style
and identification numbers and its situation.
(b)
Initial notice of removal. Whenever the Chief of Police or any member
of his department shall find or be notified that any abandoned or
junked motor vehicle or motor vehicle accessories have been stored
or permitted to remain on any private property within the Village,
the Police Department shall send by certified mail, or by personal
service thereof, a notice to the owner of record of such motor vehicle
or accessories, if such owner can be ascertained by the exercise of
reasonable diligence, and also to the owner of the private property
as shown on the tax assessment records of the Village, on which the
same is located to remove the junked motor vehicle or motor vehicle
accessories within 10 days. Such notice shall also contain the following
additional information:
[Amended 3-18-2020 by Ord. No. 973]
(1)
Nature of complaint.
(2)
Description and location of the motor vehicle and/or motor vehicle
accessories.
(3)
Statement that the motor vehicle or motor vehicle accessories
shall be removed from the premises no later than 10 days from date
of notification.
(4)
Statement that the owner of the motor vehicle and/or motor vehicle
accessories, or the owner of the private property on which the same
is located may show cause for not removing such motor vehicle or motor
vehicle accessories by stating the reasons in a letter of appeal to
the Chief of Police within 10 days from date of notification.
(5)
Statement that removal from the location specified in the notification
to another location upon which such storage is not permitted is prohibited
and shall subject, the person to additional penalties.
(6)
Statement that if removal is made within the time limits specified,
notification, shall be given in writing to the Police Department.
(7)
Statement of the penalties provided for noncompliance with such
notice.
(c)
Appeals. Receipt of a letter of appeal as set forth in Subsection
(b)(4) of this section shall defer action on removal of the motor
vehicle or motor vehicle accessories until such appeal has been considered
by an appeal board composed of the Village of Mukwonago Judicial Committee
of the Whole. Upon receipt of such written appeal, the Police Code
Enforcement Officer shall notify the Chairperson of the Judicial Committee
of the appeal. The Chairperson of the Judicial Committee shall place
the appeal hearing on the agenda for the next scheduled Judicial Committee
of the Whole meeting unless circumstances merit a timelier meeting.
The Police Code Enforcement Officer shall then send via certified
mail, or personal service thereof, notice of the date and time of
such Judicial Committee meeting to the appellant. The appeal board
shall consider the facts of the appeal and shall render a decision
within 10 days of the Judicial Committee hearing. The appeal board
may, if it finds that public health, safety and morals and decency
will not be adversely affected, waive the requirement for removal
or extend the time for removal. If the appeals board finds it is in
the best interest of the Village and in order to protect public health,
safety or morals and decency, it may order the motor vehicle or motor
vehicle accessories to be removed within a period not to exceed 20
days from the date of the decision. A copy of such decision shall
be sent via certified mail, to the person making the appeal.
[Amended 3-18-2020 by Ord. No. 973]
(d)
Final notice of removal. After the expiration of the ten-day time period specified in Subsection (b)(3) of this section or the time period specified by the board of review in Subsection (c) of this section, the Police Department shall place a notice in a conspicuous place on the motor vehicle or motor vehicle accessories setting forth briefly the applicable provisions of this section, date of notice, and specifying that unless the vehicle is removed to a lawful place of storage within 72 hours, it will be removed under the authority of this section. If the Police Department is prevented from or is otherwise unable to place such notice in a conspicuous place on the motor vehicle or motor vehicle accessories, the Police Department shall send such notice by certified mail to or personally serve the owner of the vehicle or accessories and/or the owner of the property and/or any and all recorded lienholders.
[Amended 3-18-2020 by Ord. No. 973]
[Code 1966, § 16.02(4)(r)(5)]
(a)
If the abandoned or junked motor vehicle or motor vehicle accessories are not removed within the time period specified in § 34-49(d), the Chief of Police or any member of his department designated by him is hereby authorized to requisition, at Village expense, a private towing company to remove the vehicle to a lawful place of storage.
(b)
Where there is more than one vehicle involved, each vehicle shall
constitute a separate offense.
(c)
Any person who has been charged with a violation of this section may appear at the police station of the Village within 72 hours after notification, and may be permitted to enter into a stipulation with the Village, represented by the Village Attorney, for a disposition of the violation. Such stipulation may provide for a plea or stipulation of guilt or nolo contendere and a forfeiture of a deposit of money in the amount not to exceed $45 as a penalty for each offense of § 34-46(a) or be punished as provided in § 1-12 for each offense of § 34-46(b).
